Frequently Asked Questions

Do I need an attorney to use this kit?

No. The DLSE wage claim process is designed for employees to file themselves — the California Labor Commissioner investigates at no cost to you. Small Claims Court also requires no attorney. The kit walks you through every step.

What is Claude AI and how does it help?

Claude is Anthropic’s AI assistant, available free at claude.ai. The kit includes 14 pre-written prompts — one for each major section. You copy the prompt, fill in your specific facts (your pay rate, hours, violations), and paste it into Claude. Claude analyzes your situation against California Labor Code and provides educational guidance on your violations, damage calculations, and filing strategy.

How far back can I go to recover wages?

For most violations — unpaid wages, overtime, meal and rest break premiums — the statute of limitations is 3 years. For PAGA civil penalties, the window is 1 year. The kit includes a complete statute of limitations reference table.

I’m still working for this employer. Is it safe to file?

California Labor Code Section 98.6 prohibits retaliation for filing a wage claim, contacting the Labor Commissioner, or exercising any Labor Code right. Retaliation carries a $10,000 civil penalty per violation. The kit includes a full section on retaliation protection and how to document it.

What if my employer calls me an independent contractor?

California’s ABC Test under AB 5 is one of the strictest in the country. If your employer controls how you work and your work is the same type of service the company provides, you are almost certainly misclassified. Section 10 covers the full ABC Test analysis and what you’re owed if misclassified.

What is PAGA and why does it matter?

The Private Attorneys General Act allows you to sue your employer on behalf of the State of California and keep 25% of all civil penalties collected. More importantly, PAGA penalties are calculated per employee per pay period, which makes even small violations into large cases that employment attorneys will take on contingency.

Is this legal advice?

No. This system provides educational information and document templates only. It does not create an attorney-client relationship. For complex wage claims — especially PAGA lawsuits and class actions — consult a licensed California employment attorney. Most take wage cases on contingency with no upfront cost.

What is the refund policy?

. If the kit doesn’t help you identify wages your employer owes you, email us within 30 days for a full refund.

Educational use only. Not legal advice. Justice Foundation.